Virginia’s State Elections Could Revive the ERA
When the ERA was first passed in the Nixon administration, it seemed like a shoe-in for ratification (Image)
Democrats have taken over the legislature in Virginia—a major win for the party going into the 2020 elections—but their victory is also a win for the Equal Rights Amendment, commonly known as the ERA. Ratification of the Equal Rights Amendment would codify equal rights on the basis of sex into the U.S. Constitution. The Virginia Legislature should move quickly to ratify this Amendment in order to demonstrate that the United States is a place where one’s sex does not place them in a separate class.
If Virginia ratifies the Equal Rights Amendment, it would be the 38th state to do so. Thus, a majority of states would have the Amendment ratified; enough for the amendment to be considered by Congress to enter the Constitution. The implications of such an action would be a major step forward in the fight for sex equality. After years of fighting for equal rights, women and other marginalized sex groups will have their rights completely protected by the U.S. government’s founding document, as they should be.
Along with the importance of codifying equal rights, the amendment would replace antiquated and patriarchal systems that exist within U.S. law. The ERA was heavily discussed by feminists in the 1920s, but those who fought for suffrage were split on the issue. Later, in the 1970s, the issue surfaced again among the women’s liberation movement. The U.S. Congress passed the ERA, and it was endorsed by President Nixon. Despite this energy and apparent consensus, anti-feminist leaders launched a successful campaign against the ERA’s ratification in the states.
One of the Equal Rights Amendment’s strongest implications would be protection against sex discrimination. Currently, there are inconsistencies on what is considered sex discrimination between states and courts, but this amendment would make justifying any type of sex discrimination incredibly difficult or impossible. Current laws that protect women’s rights would also not risk the chance of being overturned in the future. This consistency is an important signal to women and other sex groups that their rights are not malleable, but inalienable.
Arguments against the ERA include declarations that it would disrupt the order between men and women in society. These arguments, heralded by women like Phyllis Schlafly in the 1970s, are based on fears that women will lose protection from men and that same-sex marriage must be upheld by the government (these fears continue to exist even after Obergefell v. Hodges). Clearly, anti-ERA rhetoric is based on traditional gender roles and patriarchal power. While legacies of this time are still very present in the U.S. today, the world has changed for the better. Virginia’s moving to ratify the ERA is a necessary part of that change
Even if Virginia ratified the Amendment, equal rights would not be immediately put into the Constitution. The Amendment would have to go back through Congress to vote again. Technically, the ERA has surpassed the time limit set forth to ratify the amendment, but Virginia Democrats are still working to get the bill passed. Also, there is no guarantee that the amendment will make it through Congress. However, with over 75 percent of states in support of the amendment (North Carolina is not one of these states), it would be a flagrant disregard of Congress’ representative role to not pass the amendment.
In the 1970s, five states have rescinded their ratifications of the ERA--Idaho, Kentucky, Nebraska, Tennessee, and South Dakota. It would seem that Virginia would only be the 33rd state to ratify the Amendment. However, based on past legal precedent and some archival research done by ERA supporters, “rescissions of state’s ratification is not accepted as valid.” This will be an interesting situation for Congress to handle, but Virginia’s support of the Amendment could lead to additional support among states that have rescinded the Amendment.
Virginia’s elections demonstrate the power that voting in state and local elections have. The Democratic control over the legislature in Virginia could potentially usher in an amendment, decades in the making, that would guarantee equal rights on the basis of sex. Such an act is a necessity that should have happened long ago. It is fundamentally American to ensure such protections and to enforce equal protection under the law.